AB673: Bill Text

LRB-3273/1

RJM:kjf:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 673

November 13, 2003 - Introduced by Representatives Montgomery, Van Roy, Towns, Jeskewitz, Weber, Olsen, Richards, Johnsrud, Shilling, Huebsch, Molepske, Kreibich, Krawczyk, Hundertmark, Townsend, Hines, Cullen, Hahn, Suder, Freese, Ott and J. Lehman, cosponsored by Senators Schultz, Reynolds, S. Fitzgerald, Lazich, Erpenbach, Leibham, M. Meyer, Breske, Carpenter, Kedzie, Hansen and Cowles. Referred to Committee on Financial Institutions.

AB673,1,6 An Act to create 186.035, 214.035 (4), 215.26 (10) and 221.0404 of the statutes; relating to: the deceptive or misleading use of the name of a state-chartered bank, savings bank, savings and loan association, or credit union, the deceptive or misleading use of a name that is deceptively similar to the name of a state-chartered bank, savings bank, savings and loan association, or credit union, and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law generally prohibits any person from making any assertion, representation, or statement of fact which is untrue, deceptive, or misleading in the person's commercial solicitations. Current law also limits the use of the terms "bank," "savings bank," "savings and loan association," and "credit union" in certain circumstances.

With certain exceptions, this bill specifically prohibits any person from using the name of a state-chartered bank, savings bank, savings and loan association, or credit union (banking institution), or a name that is deceptively similar to such a name, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the banking institution, or that the banking institution is responsible for the marketing material or solicitation. This prohibition does not apply to a banking institution that uses its own name, to the use of such a name by an affiliate or agent of the banking institution, or to the use of such a name with consent of the banking institution.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB673, s. 1 Section 1. 186.035 of the statutes is created to read:

AB673,2,8 186.035 Deceptive or misleading use of credit union name. (1) Use of credit union name for marketing purposes. Except as provided in sub. (3), no person may use the name of a credit union, or a name that is deceptively similar to the name of a credit union, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the credit union or that the credit union is responsible for the marketing material or solicitation.

AB673,2,16 (2) Enforcement and penalties. The office of credit unions shall direct any person the office finds to have violated sub. (1) to cease and desist from violating sub. (1). If a person violates sub. (1) after receiving such direction, the office of credit unions may impose a forfeiture of up to $1,000 for each violation. Each instance in which marketing material is provided to another person or solicitation of another person takes place in violation of sub. (1) constitutes a separate violation. This subsection does not affect the availability of any remedies otherwise available to a credit union.

AB673,2,18 (3) Exceptions. Subsection (1) does not apply to a person who uses the name of a credit union in any of the following circumstances:

AB673,2,19 (a) With the consent of the credit union.

AB673,3,2 (b) If the person is the credit union, an affiliate of the credit union, or an agent of the credit union.

AB673, s. 2 Section 2. 214.035 (4) of the statutes is created to read:

AB673,3,9 214.035 (4) (a) Except as provided in par. (c), no person may use the name of a savings bank, or a name that is deceptively similar to the name of a savings bank, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the savings bank or that the savings bank is responsible for the marketing material or solicitation.

AB673,3,16 (b) The division shall direct any person the division finds to have violated par. (a) to cease and desist from violating par. (a). If a person violates par. (a) after receiving such direction, the division may impose a forfeiture of up to $1,000 for each violation. Each instance in which marketing material is provided to another person or solicitation of another person takes place in violation of par. (a) constitutes a separate violation. This subsection does not affect the availability of any remedies otherwise available to a savings bank.

AB673,3,18 (c) Paragraph (a) does not apply to a person who uses the name of a savings bank in any of the following circumstances:

AB673,3,19 1. With the consent of the savings bank.

AB673,3,21 2. If the person is the savings bank, an affiliate of the savings bank, or an agent of the savings bank.

AB673, s. 3 Section 3. 215.26 (10) of the statutes is created to read:

AB673,4,4 215.26 (10) Deceptive or misleading use of association name. (a) Except as provided in par. (c), no person may use the name of an association, or a name that is deceptively similar to the name of an association, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the association or that the association is responsible for the marketing material or solicitation.

AB673,4,11 (b) The division shall direct any person the division finds to have violated par. (a) to cease and desist from violating par. (a). If a person violates par. (a) after receiving such direction, the division may impose a forfeiture of up to $1,000 for each violation. Each instance in which marketing material is provided to another person or solicitation of another person takes place in violation of par. (a) constitutes a separate violation. This subsection does not affect the availability of any remedies otherwise available to an association.

AB673,4,13 (c) Paragraph (a) does not apply to a person who uses the name of an association in any of the following circumstances:

AB673,4,14 1. With the consent of the association.

AB673,4,16 2. If the person is the association, an affiliate of the association, or an agent of the association.

AB673, s. 4 Section 4. 221.0404 of the statutes is created to read:

AB673,4,24 221.0404 Deceptive or misleading use of bank name. (1) Use of bank name for marketing purposes. Except as provided in sub. (3), no person may use the name of a bank, or a name that is deceptively similar to the name of a bank, in any marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the bank or that the bank is responsible for the marketing material or solicitation.

AB673,5,7 (2) Enforcement and penalties. The division shall direct any person the division finds to have violated sub. (1) to cease and desist from violating sub. (1). If a person violates sub. (1) after receiving such direction, the division may impose a forfeiture of up to $1,000 for each violation. Each instance in which marketing material is provided to another person or solicitation of another person takes place in violation of sub. (1) constitutes a separate violation. This subsection does not affect the availability of any remedies otherwise available to a bank.

AB673,5,9 (3) Exceptions. Subsection (1) does not apply to a person who uses the name of a bank in any of the following circumstances:

AB673,5,10 (a) With the consent of the bank.

AB673,5,11 (b) If the person is the bank, an affiliate of the bank, or an agent of the bank.

AB673,5,12 (End)